Michael Bernard Simmons v. State

• Court: Court of Appeals of Texas
• Decided: April 5, 2006
• Docket: 12-06-00027-CR
• Status: Published

Opinion

PER CURIAM HEADING

                NO. 12-06-00027-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL BERNARD SIMMONS,           §          APPEAL FROM THE 2ND

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE  §          CHEROKEE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk’s fee for preparing the clerk’s record.  Appellant’s sentence was imposed on January 12, 2006, and the clerk’s record was originally due on March 13, 2006.  On March 20, 2006, this Court notified the trial court clerk that the clerk’s record was past due and extended the filing deadline until April 12, 2006.  On March 22, 2006, the clerk notified this Court in writing that the reason for the delay in filing was that Appellant had not made a claim of indigence and had failed to either pay or make arrangements to pay for the preparing of the clerk’s record.  On March 22, 2006, this Court informed Appellant that, pursuant to Texas Rules of Appellate Procedure 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided on or before April 3, 2006.

            Because Appellant has neither provided proof of full payment or otherwise responded to this Court’s notice, the appeal is dismissed.  See Tex. R. App. P. 37.3(b), 42.3(c).     

Opinion delivered April 5, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)